User shall avail Services offered by TravelTech Experiences Pvt Ltd only on completion of registration as a User either through its Website/ App. All applications for registration shall satisfy the eligibility criteria and be supported by necessary documentation provided under ANNEXURE B. Satisfying the eligibility criteria required to become a User shall not automatically give an applicant the right to avail the Services. Acceptance of the registration is subject to approval by TravelTech Experiences Pvt Ltd at its sole discretion. TravelTech Experiences Pvt Ltd reserves the right to examine and verify the authenticity of the documentation provided by the Users. By submitting the necessary documents through App, Website or in physical form, it is deemed that the User gave consent to conduct background check by our partners.
All bookings to avail Services through the Website/App must be made solely by User. The User shall not make bookings on behalf of or for the benefit or any other person or body corporate. Breach of this term shall constitute a material breach of these terms and conditions and the User shall be liable for all consequences arising from any and all acts and omissions of the actual user of the Vehicle/(s). Further, in the event the User contravenes the foregoing term, the User shall be liable to pay any penalty levied by TravelTech Experiences Pvt Ltd in this regard, notwithstanding TravelTech Experiences Pvt Ltd’s right to terminate the User’s registration. Bookings shall be processed by TravelTech Experiences Pvt Ltd on a first-come first-serve basis. TravelTech Experiences Pvt Ltd does not guarantee the availability of any particular Vehicle at any given time. The User shall pay such Fees as may be prescribed by TravelTech Experiences Pvt Ltd from time to time, towards availing the Services. Any extension of the initial rental period of the Vehicle will be granted subject to availability of the concerned Vehicle.
The pre-booked Vehicle shall be picked up by the User from the designated TravelTech Experiences Pvt Ltd parking or any other destination as specified by TravelTech Experiences Pvt Ltd, after verifying his/her identity and on completing the requisite paperwork. Booking time shall be calculated from the moment the User gains possession of the Vehicle. Prior to taking possession, it shall be the User's responsibility to inspect the Vehicle carefully. In the event of any damages or malfunction, the User should inform TravelTech Experiences Pvt Ltd of the same immediately, failing which TravelTech Experiences Pvt Ltd shall not be responsible for any consequences arising there from. At the end of the booking, the User shall return the Vehicle at such place as designated by TravelTech Experiences Pvt Ltd from time to time or any such place as specified by the User while booking the Vehicle. It shall be the responsibility of the User to return the Vehicle in the same condition as it was received, normal wear and tear excepted and also return all documentation such as registration certificate, insurance certificate, etc. In case of damages and/or repairs to the Vehicle on account of the use by the User, the User shall bear all expenses in relation to the same. TravelTech Experiences Pvt Ltd shall also be entitled to levy a penalty on every day that the User is in delay of returning of the Vehicle.
The above list is only indicative and not exhaustive. TravelTech Experiences Pvt Ltd reserves the right at its sole discretion to identify any additional responsibilities to be complied with by Users.
(a) Date, time, and place of incident; (b) The license plate numbers of any other vehicles involved, their make and year, their identification number (serial number), and the insurance certificate's number (with name, address and phone number of the insurance agent); (c) The names, addresses, and driver's license numbers of the persons involved in the incident; (d) The name, address, and driver's license number of the owner of the vehicle (if he or she is not the driver); (e) The name, addresses, and phone number of witnesses, passengers, and any other involved persons; (f) Circumstances of the incident describing immediate surrounding environment and vehicle position prior to the incident; and
The User shall be liable to indemnify TravelTech Experiences Pvt Ltd for any loss/injury sustained by it on account of the User’s discrepant, inconsistent or distorted complaint.
The User shall cooperate with TravelTech Experiences Pvt Ltd and any other claims adjustment service in order to obtain findings in relation to any incident/accident involving TravelTech Experiences Pvt Ltd’s Vehicle during the course of its use by the User. The User shall cooperate fully with TravelTech Experiences Pvt Ltd in the investigation and defence of any claims or lawsuit by or against TravelTech Experiences Pvt Ltd. The User's TravelTech Experiences Pvt Ltd accounts may be suspended until such investigation has been concluded. In case of any accidents/damages, the liabilities with regard to any out of court settlement initiated or accomplished by the User with third parties without prior written consent of TravelTech Experiences Pvt Ltd will be solely borne by such User. In case of any damage to the Vehicle during the course of its use by the User, TravelTech Experiences Pvt Ltd shall be entitled to charge an amount equal to cost of repairing the Vehicle, to the extent that is not covered by TravelTech Experiences Pvt Ltd’s insurers and additionally, the loss of revenue, if any to TravelTech Experiences Pvt Ltd, as a result thereof. If any accident or damage to the Vehicle is caused due to violation of the terms and conditions contained herein or the Applicable Laws, the User has to bear the entire cost of repair of the Vehicle, damages caused to third parties and compensation required to be paid to the victim.
In the event the User is in full compliance with the terms and conditions of TravelTech Experiences Pvt Ltd’s policies, TravelTech Experiences Pvt Ltd shall provide primary third-party liability protection, to the extent of claims / liabilities covered by TravelTech Experiences Pvt Ltd’s insurers on its Vehicles for any/ all claims and/or liabilities arising during the use or operation of the Vehicle by the User. The User shall be responsible for any associated deductible charges directly/indirectly personally attributable to the User’s default or otherwise as per the sole discretion of TravelTech Experiences Pvt Ltd. In the event it is determined that losses/claims mentioned hereinabove exceed the insurance coverage obtained by TravelTech Experiences Pvt Ltd, the User will be liable for any such excess claims/ losses/ damages. TravelTech Experiences Pvt Ltd is not responsible for any damage to, loss or theft of, any personal property belonging to the User, his/her co-passenger or third parties, under any circumstances. The liability protection hereunder applies only to claims of third-party in respect of bodily injury, death or property damage, other than to the vehicle, arising from the use of TravelTech Experiences Pvt Ltd’s vehicle as stipulated under these terms and conditions and the Applicable Laws. The benefits extended under these terms shall be limited to the extent TravelTech Experiences Pvt Ltd’s insurance coverage applies. TravelTech Experiences Pvt Ltd shall not be liable to the User, his/her co-passenger for any indirect, special, punitive, or consequential damages (including lost profits) arising from or related to TravelTech Experiences Pvt Ltd’s Vehicle, its use, or these terms and conditions.
All bookings made through the Website/App shall be cancelled through the same. The User may also cancel bookings by calling TravelTech Experiences Pvt Ltd’s helpline number and any cancellation communicated in this manner shall be valid, subject to the User identifying himself/herself and providing adequate details regarding the booking. On verification of the User’s identity and booking details, and confirmation of the User’s request to cancel the booking, the User shall be intimated of the cancellation in such mode and manner as may be prescribed under TravelTech Experiences Pvt Ltd’s Cancellation, Refund and Reimbursement Policy. Reimbursements on any cancellations shall be made subject to applicable deductions in accordance with TravelTech Experiences Pvt Ltd’s Cancellation, Refund and Reimbursement Policy. There shall be no reimbursements for expenses borne by the User without the prior consent of TravelTech Experiences Pvt Ltd.
The above list is only indicative and not exhaustive. TravelTech Experiences Pvt Ltd reserves the right at its sole discretion to identify any activity/ use as inappropriate and prohibited. Any unreasonable, unwarranted, illegal, unethical or inappropriate use of a Vehicle except as expressly permitted hereunder, and as determined appropriate by TravelTech Experiences Pvt Ltd in its sole discretion, shall be deemed a material breach of these terms and conditions. The Users shall be solely responsible for any unfortunate consequences (including but not limited to penalties, damages, losses, injuries to self and third parties) arising from the use of the Vehicles and TravelTech Experiences Pvt Ltd in no manner whatsoever shall be responsible for the same. Without prejudice to its rights, claims and contentions under the law and equity, TravelTech Experiences Pvt Ltd reserves to terminate/suspend the Users’ registration and/or withdraw Services rendered to the User and/or levy a penalty, in the event Users indulge in using/operating the Vehicles in a manner prohibited by TravelTech Experiences Pvt Ltd.
The User hereby represents, warrants and covenants that all information provided by it is true and correct and that no misrepresentations or misleading statements have been made. The User further represents, warrants and covenants that it satisfies the eligibility criteria set out under ANNEXURE B, has all requisite competence, power and authority to accept these terms and conditions and to perform its obligations hereunder and it will perform its obligations and fulfill its responsibilities under these terms and conditions in a manner that complies with Applicable Laws.
The User’s registration with TravelTech Experiences Pvt Ltd shall be valid and subsisting unless specifically cancelled/terminated by TravelTech Experiences Pvt Ltd. Without prejudice to its rights, remedies and contentions under the Applicable Laws, TravelTech Experiences Pvt Ltd reserves the right to cancel/terminate the User’s registration on account of any breach of the provisions of these terms and conditions, if the any of representations and warranties made by the User are found to be false and on account of violation of the Applicable Laws. TravelTech Experiences Pvt Ltd at its sole discretion may allow the User to rectify its breach within such period of time as may be prescribed by TravelTech Experiences Pvt Ltd, however, the same shall not be construed as a waiver of any rights, claims and contentions, TravelTech Experiences Pvt Ltd may have under the law and equity.
The User shall indemnify, keep indemnified and hold TravelTech Experiences Pvt Ltd harmless and its directors, officers, employees, agents and representatives from and against any action, suits, complaints, proceedings, damages, losses, costs, expenses (including reasonable attorney's fees and court costs), fines, penalties, claims, counterclaims, actions or liabilities incurred or suffered by TravelTech Experiences Pvt Ltd and/or of its directors, officers, employees agents and representatives in any manner as a result of (a) any breach by the User, of the terms and conditions set forth herein, of any of its representations or warranties or obligations as set forth hereunder; and (b) any act or omission of the User that results in personal injury (or death) or tangible or intangible property damage (including loss of use) to any third-party. The User hereby acknowledges that under no circumstances shall TravelTech Experiences Pvt Ltd be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from (i) the provision of the Services, or (ii) the User’s use of or inability to use, the Services. The total liability of TravelTech Experiences Pvt Ltd under these terms and conditions shall in no event exceed the total Fees paid by the User in relation to the Services.
If the compliance of its obligations under these terms and conditions by either Party is delayed, prevented, restricted or interfered with by reason of Force Majeure, then the Party so affected, upon giving prompt written notice to the other Party, shall not be liable for non-performance of such obligations.
TravelTech Experiences Pvt Ltd respects privacy of its Users. The User however agrees that the Personal Information of the User may be used by TravelTech Experiences Pvt Ltd or be shared with a third party (i) in the event of any mandatory legal or statutory disclosures, (ii) for reporting of incidents/accidents to hospitals, friends and family of the User, police and governmental authorities(iii) to render support in case of an accident or hospitalization, for coordinating with locals, police, social workers, mechanics, hospital, relatives or friends of the User, as necessary to get support in such cases,(iv) for promotional purposes, and (v) to analyze the User’s patterns for providing a better User experience and business offerings. In order to avoid theft of the Vehicles, TravelTech Experiences Pvt Ltd obtains the location of each and every Vehicle that is in the field. Please note that in this process TravelTech Experiences Pvt Ltd would be able to identify the User’s location in a given point of time. TravelTech Experiences Pvt Ltd also reserves the right store, process and uses the User’s Personal Information, to the extent this is necessary for the administration and implementation of these terms and conditions and the User’s use of the Vehicles. Should third-party services be used, TravelTech Experiences Pvt Ltd may forward to the third-party service provider the User’s Personal Information, to the extent this is required to fulfill the objectives of such services. TravelTech Experiences Pvt Ltd may provide the User’s Personal Information to third-parties for the purposes of providing individualized offers, Services, enhancing business operations, improving User’s total experience and providing any other customized information to Users. The User shall be entitled to object to the sharing of his/ her data and request for complete deletion for his/ her data from TravelTech Experiences Pvt Ltd’s database, provided that under such circumstances TravelTech Experiences Pvt Ltd shall have the option to terminate the User’s registration with it and delete the User’s account.
These terms and conditions shall be governed by the laws of India. Subject to Clause XI, in the event of any dispute between the Parties in relation to these terms and conditions, the courts in Bangalore shall have exclusive jurisdiction.
In the event of any dispute between the Parties, the Parties shall first attempt to resolve the dispute amicably within 15 (fifteen) days of raising a notice of dispute on the other Party. In the event the amicable resolution of dispute fails, the Parties shall refer the same to arbitration in accordance with the Arbitration and Conciliation Act, 1996. The arbitration panel shall comprise of a sole arbitrator to be mutually agreed upon by the Parties. The venue of arbitration shall be Bangalore and the language of arbitration shall be English.
The rights and obligations of the User under these terms and conditions are not assignable or transferable, in whole or part. Any attempt to transfer the same without the written consent of TravelTech Experiences Pvt Ltd shall be void and of no force and effect. TravelTech Experiences Pvt Ltd reserves the right at its sole and absolute discretion to assign the rights and obligations under these terms and conditions to an affiliate or to another entity in connection with a corporate transaction or otherwise. If any clause or provision of these terms and conditions, or the application of such clause or provision, is held invalid by a court of competent jurisdiction, the remainder of these terms and conditions, and the application of such clause or provision to persons, or circumstances other than those with respect to which it is held invalid shall not be affected. Waiver by TravelTech Experiences Pvt Ltd of any term or condition of these terms and conditions at any one instance shall not be deemed or construed to be a continuing waiver of such term or condition for the future or any subsequent breach thereof. Nothing in this these terms and conditions will be deemed to either constitute a partnership or agency between the Parties for any purpose. TravelTech Experiences Pvt Ltd shall render all the Services as an independent contractor. It is intended that the obligations under these terms and conditions shall always be maintained and performed on an arm’s length basis.
ANNEXURE A- DEFINITIONS
“App/Application” shall mean TravelTech Experiences Pvt Ltd’s software application available on iOS and Android operating systems.
“Applicable Law” includes all statutes, enactments, acts of legislature or parliament, ordinances, rules, bye-laws, regulations, notifications, guidelines, policies, directions, directives and orders, requirement or other governmental restrictions or any similar form of decision of, or determination by, or any interpretation, policy or administration of, any government, statutory authority, tribunal, board, court having jurisdiction over the matter in question in India.
“TravelTech Experiences Pvt Ltd” shall mean TravelTech Experiences Pvt Ltd, a company incorporated in India and having its office at 803 - B, 8th floor, Unitech Arcadia, Sector 49, Gurugram, Haryana 122018
“Cancellation, Refund and Reimbursement Policy” shall mean the policy formulated by TravelTech Experiences Pvt Ltd from time to time regulating the terms of cancellation of bookings, refund and reimbursements of monies to the Users.
“Fees” shall mean the fees to be paid by the User including any refundable security deposit towards availing the Services, as may be determined by TravelTech Experiences Pvt Ltd in its sole discretion, from time to time.
“Force Majeure” shall mean and include fire, flood, earthquake, elements of nature, epidemics or quarantine restrictions or acts of God or terror; riots, civil disorders, rebellions, or revolutions in any country; strikes, lockouts, or any other similar cause beyond the reasonable control of a Party, not reasonably foreseeable, not caused by acts or omissions of the Party affected and that could not have been avoided through a work around plan which prevent the Party from discharging its obligations under these terms and conditions.
“Personal Information” shall mean the name, address, contact numbers, email id, gender, age, driving license details, address proof, identity proofs, device location, internet protocol address and other data shared by the User with TravelTech Experiences Pvt Ltd.
“Services” shall mean the various types of vehicle rental and ancillary services provided by TravelTech Experiences Pvt Ltd.
“User” in the case of a legal natural person shall mean the individual who registers with, avails the Services of and uses/operates the Vehicles of TravelTech Experiences Pvt Ltd; and in the case of a body corporate shall mean the body corporate which registers with and avails the Services of TravelTech Experiences Pvt Ltd and all legal natural persons who use/operate the Vehicles of TravelTech Experiences Pvt Ltd.
“Vehicle” shall mean all vehicles used for the purposes of rendering the Services owned/ under the control and possession of TravelTech Experiences Pvt Ltd.
“Website” shall mean www.eveez.in
the headings and titles in these terms and conditions are indicative and shall not be deemed part of these terms and conditions or taken into consideration in the construction of these terms and conditions.
ANNEXURE B- ELIGILIBILTY CRITERIA AND SUPPORTING DOCUMENTS